Miami Beach law allows for arrest of homeless who refuse shelter

Miami Beach, Florida, passed a new law allowing for the arrest of homeless people who refuse to be placed in a shelter Wednesday.

After a debate between supporters and objectors, the Miami Beach City Commission passed the controversial legislation by a vote of 4-3 Wednesday night.

Commissioner Kristen Gonzalez argued in favor of the measure, asserting local parks have been rendered unusable by the general public due to the area’s chronically homeless.

“These are people that we see selling drugs, having sex outdoors, naked,” she said.

“There’s defecation, there’s masturbation in front of our children in parks, open containers and parties, and screaming. They’re harassing and they are stabbing. And they are refusing any services”

Gonzalez said only those refused a wide array of options provided by the city would be subject to arrest.

“We want to help people,” she said. “But if people don’t want to help themselves, the state and federal government have given us no option except for this ordinance.”

Mayor Dan Gelber backed the move, highlighting that Miami Beach spends $7.5 million annually on a range of services for the area’s roughly 150 homeless — or $49,000 per person.

“We are not a heartless city,” he said. “We are quite the opposite.”

Commissioner Steven Meiner said the popular tourist destination should pre-empt further quality of life deterioration.

“I think we just have to look no further than Los Angeles, San Francisco to see what’s going on there,” he said. “Crime has spiked there. It’s just not a good situation. We’re not at that level. But the point is you have to prevent it from going to that level.”

Several members of the public — including homeless outreach workers — ripped the proposal, contending arrests would not improve the situation and shelters are often unwelcoming and dangerous.

They said most of the area’s homeless are not engaged in misconduct and are just people who have fallen on hard times.

Florida International University sociology associate professor Matthew Marr argued that the law “criminalized” poverty and homelessness.

“Vast literature has shown that criminalization has not reduced homelessness, but a housing first approach has,’ he said. “Arresting people for being unsheltered will just saddle them with more barriers to obtain housing. Being arrested can be traumatic.”

Marr said many homeless people are resistant to shelters because of the “loss of autonomy” and disputes with other residents and staff.

He also suggested that many of those living on the street don’t want to be placed in distant shelters.

“This is really the exile of the extremely poor,” he said.

Local activist Kat Duesterhaus noted that the majority of the local homeless population is black, and said the law was discriminatory.

“This ordinance is cruel, racist and harmful,” she said. “And once again I urge you to seek out more progressive, humane and proven solutions.”

Commissioner Ricky Arriola voted against the legislation, saying it wouldn’t address root issues.

“Arresting folks for being homeless is not the solution,” he said. “Creating a new category of crime which is basic the category of being homeless is not the solution.”

The measure — which is categorized as a violation of a local camping law — will take effect in roughly one week.